Friday, 18 February 2022

Trespass to goods

 Trespass to Goods, 

Trespass to Goods consist of direct physical interference with the goods which in the possession of the plaintiff without any lawful jurisdiction. It include many things like chasing animal to provoke them run away from the owners possession, like throwing the stone on neighbors car, shooting birds, kill the dog by giving them a poisoned.  Trespass to goods is actionable per se that directly means it is without the proof of any damages. 

The Trespass to the land include many wrong like it include a wrong against possession that mean any person whose possession of goods is directly interfered with can bring action. A person may be in the direct possession of the goods or may have constructive possession. A person having can sue even without any proof of his title to the goods. A trespasser cannot take the defence of jus terti, that is, he cannot be allowed to say that some third party and not the possessor of it had a good title to the goods. 

It includes the direct interference that means physical interference without any lawful justification is a trespass. The wrong can be committed in various way like intentionally or negligently or even by direct mistake. 

It also include without lawful justification, when the interference is without any lawful justification, an action for trespass lies.        

Trespass to Goods includes mainly three elements 1st: Lack of consent, the interference should be not being in knowledge of a committing trespass to the person and without the consent of the person. Any use exceeding the consent authorized by the consent should it because harm gives rise to cause of action. 

Intentionality is also an essential element for the trespass to goods, the interference must intentional.

Detinue; when the defendant is wrongfully detaining the someone’s else goods without any lawful jurisdiction in a possession with her and not deliver the same good then plaintiff can recover the same by brining an action for Detinue. In India, Detinue as such has not been mentioned as a wrong but similar action for recovery of special relief act 1963. The section 7 and 8 of the special relief act enable the recovery of specific movable property. Section 7 enable a person entitled to the possession of the property to recover it in a manner provide by the code of civil producer 1908 however in cases provided in section 8 the plaintiff entitled to the immediate possession of the of the goods may claim a speedier relief and recover the specific movable property from the person who is in possession or control of the thing. 

  1. When the thing claimed is held by the defendant as the agent or trustee for the plaintiff; 

  2. When compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed.

  3. When it would be extremely difficult to ascertain the actual damage caused by its own loss. 

  4. When the possession of the thing claimed has been wrongfully transferred from the plaintiff. 

   


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